North Carolina judicial elections, 2010

One justice of the North Carolina Supreme Court and five judges of the North Carolina Court of Appeals were elected by North Carolina voters on November 2, 2010, on the same day as the U.S. Senate election, U.S. House elections, and other state-level elections. North Carolina judicial elections are non-partisan. Terms for seats on each court are eight years. All incumbent judges and justices who sought re-election won their respective races, except for Judge Cressie Thigpen of the Court of Appeals, who had been appointed shortly before the election and lost North Carolina's first statewide instant runoff.

Supreme Court

Incumbent Edward Thomas Brady did not file to run for re-election. N.C. Court of Appeals Judges Robert C. Hunter ^[1] and Barbara Jackson filed to run for the open seat.^[2]

Candidate	Popular Vote	Pct
Barbara Jackson	1,044,952	51.87%
Robert C. Hunter	969,738	48.13%

Court of Appeals (Calabria seat)

Incumbent Ann Marie Calabria ^[3] first announced that she would not seek re-election,^[4] but then reversed course and filed to run for another term. Judge Calabria had intended to run for re-election until her mother’s health declined. Then, her mother's health improved before the deadline to file as a candidate.^[5] Other candidates who filed for the seat included state District Court Judge Jane P. Gray of Wake County and Superior Court Judge Mark E. Klass of Davidson County.^[6] Because more than two candidates filed for the seat, a primary election was held on May 4 to eliminate one candidate. Calabria won the primary with 37 percent, while Gray came in second with 36 percent of the vote.^[7] Klass, who took 26 percent, was eliminated. Calabria and Gray faced off in the general election.

Candidate	Popular Vote	Pct
Ann Marie Calabria	1,048,260	53.66%
Jane Gray	905,156	46.34%

Court of Appeals (Elmore seat)

Incumbent Rick Elmore filed to run for re-election.^[8] Attorney Leto Copeley of Orange County,^[9] law clerk and 2005 law school graduate Steven Walker,^[10] and attorney Alton D. (Al) Bain also filed. Because more than two candidates filed for the seat, a primary election was held on May 4. Walker was the highest vote getter in the primary with 38 percent, followed by Elmore with 28 percent.^[11] Copeley, with 18 percent, and Bain, with 14 percent, were eliminated from the race. Walker and Elmore faced off in the general election.

Candidate	Popular Vote	Pct
Rick Elmore	956,946	53.76%
Steven Walker	823,081	46.24%

Court of Appeals (Geer seat)

Incumbent Martha A. Geer was opposed by appeals referee and adjunct law instructor Dean R. Poirier.

Candidate	Popular Vote	Pct
Martha A. Geer	1,123,138	59.86%
Dean R. Poirier	753,226	40.14%

Court of Appeals (Steelman seat)

Incumbent Sanford L. Steelman, Jr. announced in 2009 that he would run for re-election to a second term.^[12] No candidates filed to oppose him.

Candidate	Popular Vote	Pct
Sanford Steelman	1,405,847	100%

Court of Appeals (Wynn seat)

When longtime Court of Appeals Judge James A. Wynn, Jr. was appointed and confirmed as a judge of the U.S. Court of Appeals for the Fourth Circuit, that triggered a special election for his seat. Under state law, because the vacancy in Wynn's seat occurred after the state's primary elections, the election employed instant runoff voting -- the first time such a mechanism had been used in a statewide election in North Carolina.^[13][14][15] Governor Perdue appointed Cressie Thigpen to fill the seat through the election.^[16] Thigpen then filed to run for the full eight-year term, as did twelve other candidates, including attorneys Chris Dillon ^[17], Anne Middleton, John Sullivan and Pamela Vesper, all of Raleigh; attorney J. Wesley Casteen of Wilmington; attorney Daniel Garner ^[18] of Wake Forest; attorneys John Bloss, Jewel Ann Farlow ^[19] (a 2008 candidate) and Stan Hammer, all of Greensboro; Superior Court Judge Mark E. Klass (who had previously run for the Calabria seat); former Court of Appeals Judge Douglas McCullough; and former North Carolina Commissioner of Labor Harry Payne.^[20]

IRV First Round results

Candidate	Popular Vote	Pct
Cressie Thigpen	395,341	20.32%
Doug McCullough	295,758	15.2%
Chris Dillon	202,164	10.39%
Anne Middleton	174,673	8.98%
Daniel E. Garner	154,163	7.92%
Jewel Ann Farlow	152,150	7.82%
Harry E. Payne, Jr.	99,322	5.11%
Stan Hammer	96,604	4.97%
Mark E. Klass	90,604	4.66%
Pamela M. Vesper	90,180	4.64%
John F. Bloss	78,920	4.06%
John Sullivan	70,000	3.60%
J. Wesley Casteen	45,639	2.35%

IRV Second Round results

Cressie Thigpen and Doug McCullough collected the most first-choice votes, while no candidate received fifty percent plus one vote. Therefore, the two advanced to the instant runoff, where second and third choices would be tallied to determine the winner. The State Board of Elections announced on Nov. 3 that it would be "at least a month" before the results would be known.^[21] Unofficial results were released in December, showing McCullough winning by about 6,000 votes. ^[22] Thigpen called for a recount.^[23] The recount showed a slightly changed vote total, but the ultimate result was the same, and Thigpen conceded defeat.^[24]

Candidate	Popular Vote	Pct
Doug McCullough	543,980	50.3%
Cressie Thigpen	537,325	49.7%

See also

• North Carolina elections, 2010
• United States Senate election in North Carolina, 2010
• United States House of Representatives elections in North Carolina, 2010

References

• State Board of Elections Candidate Filing List
• State Board of Elections: General Election Results

1. ^ News & Observer: Bob Hunter to make 2nd run for NC Supreme Court
2. ^ News & Observer: Jackson eyes Supreme seat
3. ^ Calabria campaign site
4. ^ News & Observer: Judge Calabria won't run again
5. ^ News & Observer: Calabria cancels the going away party
6. ^ News & Observer: Klass running for appeals court
7. ^ State Board of Elections - Primary Election Results
8. ^ News & Observer: Judge Rick Elmore running again
9. ^ Leto Copeley for NC Court of Appeals campaign site
10. ^ Steven Walker for N.C. Court of Appeals Website
11. ^ State Board of Elections - Primary Election Results
12. ^ News & Observer: Steelman aims to stay on court
13. ^ North Carolina General Statutes § 163‑329
14. ^ News & Observer: Wynn to take oath today (See Comments)
15. ^ NC judge's departure means 1 more election
16. ^ Perdue Appoints Thigpen to North Carolina Court of Appeals
17. ^ http://www.dillonforjudge.com/
18. ^ http://www.garnerforjudge.netboots.net/
19. ^ http://www.farlowforjudge.com/Home_Page.php
20. ^ News & Observer: 13 candidates file for open NC appeals court job
21. ^ WRAL: Instant runoff results not so instant
22. ^ State Board of Elections: IRV results
23. ^ WLOS/AP: Thigpen wants re-count in NC Court of Appeals race
24. ^ News & Observer: Thigpen concedes after still behind in NC recount (Dec. 20, 2010)

External links

• State Board of Elections: Voter Guides to the Statewide Judicial Elections
• North Carolina judicial elections, 2010 at Judgepedia
• Federalist Society NC Appellate Judicial Candidate Forum Video